JUDGMENT :

B.P. ROUTRAY, J.

1. Present appeal by the insurer is directed against the judgment dated 11th September, 2006 passed by learned 3rd M.A.C.T. Bhubaneswar in Misc. Case No. 510 of 1994.

2. The facts in brief are that the deceased, namely, Sarat Ch. Behera while going in a Trekker bearing Registration No. OSU 3908 on 6.3.1994 along with some other persons, on the way near Sainik School dashed against the Truck bearing Registration No. OIC 6359 coming from the opposite direction. As a result of the accident, the deceased died and the claimants are his wife and two minor sons.

3. The learned Tribunal upon adjudication of the dispute held both the Trekker and the Truck has composite negligence for the cause of the accident and the accident occurred due to rash and negligent driving of the drivers of both the vehicles. Ultimately, the learned Tribunal directed for payment of compensation to the tune of Rs. 4,67,000/- along with 6% interest per annum payable by the insurers of both the vehicles in equal proportion i.e. 50% each.

4. The present Appellant, i.e. National Insurance Co. Ltd. is the insurer of the Trekker and Respondent No. 6-New India Assurance Co. Ltd. is the insurer of